Royce Hassell v. Hassell Construction Co., Inc. et al Appeal from 61st District Court of Harris County (memorandum opinion per curiam)

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Opinion issued November 24, 2020 In The Court of Appeals For The First District of Texas ———————————— NO. 01-18-00709-CV ——————————— ROYCE HASSELL, Appellant V. MICHAEL HASSELL, PHILLIP HASSELL, SHAWN HASSELL POTTS, AND JASON HASSELL, Appellees On Appeal from the 61st District Court Harris County, Texas Trial Court Case No. 2016-87708 MEMORANDUM OPINION On August 23, 2018, this appeal was stayed pursuant to a notice of suggestion of bankruptcy filed by appellant, Royce Hassell. Appellant, representing that this appeal has been “mooted by the Bankruptcy Court’s retention of the companion District Court Case,” has filed an unopposed motion with this Court requesting that his appeal be reinstated and dismissed. See TEX. R. APP. P. 8.3(a), 42.1(a). No other party has filed a notice of appeal, and no opinion has issued. See TEX. R. APP. P. 42.1(a), (c). Although appellant did not include a certificate of conference in his motion, he states in the motion that the relief he requests in the motion is unopposed. See TEX. R. APP. P. 10.3(a)(2). The parties have also agreed that they will bear their own appellate costs. See TEX. R. APP. P. 42.1(d). Accordingly, we grant appellant’s motion, reinstate the appeal on the Court’s active docket, and dismiss the appeal. See TEX. R. APP. P. 8.3(a), 42.1(a), 43.2(f). We direct the Clerk of this Court that costs are to be taxed against the parties who incurred the same. See TEX. R. APP. P. 42.1(d). All pending motions are dismissed as moot. PER CURIAM Panel consists of Justices Keyes, Hightower, and Countiss. 2

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